Regular Session 2019-2020 House Bill 2136 P.N. 3036

PRINTER'S NO. 3036

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2136

Session of

2019

INTRODUCED BY THOMAS, O'MARA, BULLOCK, CIRESI, COMITTA, DALEY,

DiGIROLAMO, DONATUCCI, FIEDLER, FRANKEL, FREEMAN, GALLOWAY,

HOWARD, KENYATTA, MADDEN, MALAGARI, McCLINTON, RABB,

RAVENSTAHL, READSHAW, SANCHEZ, SCHLOSSBERG, SIMS, SOLOMON,

STEPHENS, STURLA, ULLMAN, VITALI, WEBSTER AND ZABEL,

DECEMBER 16, 2019

REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, DECEMBER 16, 2019

AN ACT

Amending Title 66 (Public Utilities) of the Pennsylvania

Consolidated Statutes, in public utility code, providing for

minimum energy and water efficiency standards for certain

products sold in this Commonwealth.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Part I of Title 66 of the Pennsylvania

Consolidated Statutes is amended by adding a chapter to read:

CHAPTER 34

MINIMUM ENERGY AND WATER EFFICIENCY STANDARDS FOR CERTAIN

PRODUCTS SOLD IN THIS COMMONWEALTH

Sec.

3401. Short title of chapter.

3402. General purpose, legislative findings and scope of

chapter.

3403. Definitions.

3404. Standards.

3405. Implementation.

3406. New and revised standards and regulations.

3407. Protection against repeal of Federal standards.

3408. Testing, certification, labeling and enforcement.

3409. Severability.

§ 3401. Short title of chapter.

This chapter shall be known and may be cited as the

Pennsylvania Energy and Water Efficiency Standards Act.

§ 3402. General purpose, legislative findings and scope of

chapter.

(a) General purpose.--This chapter establishes minimum

efficiency standards for certain products sold or installed in

this Commonwealth.

(b) Legislative findings.--The legislature finds that:

(1) Efficiency standards for certain products sold or

installed in this Commonwealth assure consumers and

businesses that the products meet minimum efficiency

performance levels, resulting in reduced energy and water

waste and saving consumers and businesses money on utility

bills.

(2) Efficiency standards contribute to the economy of

this Commonwealth by helping to better balance supply and

demand for both energy and water, resulting in reduced

pressure that creates higher natural gas, electricity and

water prices. By saving consumers and businesses money on

utility bills, efficiency standards help the Commonwealth and

local economy save on utility bills that can be spent on

local goods and services.

(3) The efficiency standards save energy and thus reduce

pollution and other environmental impacts associated with the

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production, distribution and use of electricity, natural gas

and other fuels.

(4) The water efficiency standards save water and thus

reduce the strain on the water supply. Improved water

efficiency can reduce or delay the need for water and sewer

infrastructure improvements.

(5) The efficiency standards can make electricity and

natural gas systems more reliable by reducing the strain on

systems during peak demand periods. Improved efficiency can

reduce or delay the need for new power plants, power

transmission lines and power distribution system upgrades as

well as new and expanded gas pipelines.

(1) Air purifiers.

(2) Commercial dishwashers.

(3) Commercial fryers.

(4) Commercial hot-food holding cabinets.

(5) Commercial ovens.

(6) Commercial steam cookers.

(7) Faucets.

(8) General service lamps.

(9) High CRI, cold-temperature and impact-resistant

fluorescent lamps.

(10) Portable electric spas.

(11) Residential ventilating fans.

(12) Showerheads.

(13) Spray sprinkler bodies.

(14) Urinals.

(15) Water closets.

(16) Water coolers.

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(17) Any other products as may be designated by the

chairperson in accordance with this section or by operation

of law under section 3408 (relating to testing,

certification, labeling and enforcement).

(d) Limitation.--Nothing in this chapter shall be construed

to apply to:

(1) New products manufactured in this Commonwealth and

sold outside of this Commonwealth.

(2) New products manufactured outside this Commonwealth

and sold at wholesale inside this Commonwealth for final

retail sale and installation outside this Commonwealth.

(3) Products installed in mobile manufactured homes at

the time of construction.

(4) Products designed expressly for installation and use

in recreational vehicles.

§ 3403. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Air purifier" or "room air cleaner." An electric, cord-

connected portable appliance with the primary function of

removing particulate matter from the air.

"Chairperson." The chairperson of the Pennsylvania Public

Utility Commission.

"Cold-only units." A water dispenser that emits cold water

only.

"Cold-temperature fluorescent lamp." A fluorescent lamp that

is not a compact fluorescent lamp that:

(1) is specifically designed to start at -20°F when used

with a ballast conforming to the requirements of ANSI C78.81

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and ANSI C78.901; and

(2) is expressly designated as a cold-temperature lamp

both in markings on the lamp and in marketing materials,

including catalogs, sales literature and promotional

material.

"Commercial dishwasher." A machine designed to clean and

sanitize plates, pots, pans, glasses, cups, bowls, utensils and

trays by applying sprays of detergent solution, with or without

blasting media granules, and a sanitizing rinse.

"Commercial fryer." An appliance, including a cooking

vessel, in which oil is placed to such a depth that the cooking

food is essentially supported by displacement of the cooking

fluid rather than by the bottom of the vessel. Heat is delivered

to the cooking fluid by means of an immersed electric element of

band-wrapped vessel or by heat transfer from gas burners through

either the walls of the fryer or through tubes passing through

the cooking fluid.

"Commercial hot-food holding cabinet." A heated, fully

enclosed compartment with one or more solid or transparent

doors, designed to maintain the temperature of hot food that has

been cooked using a separate appliance. The term does not

include heated glass merchandizing cabinets, drawer warmers or

cook-and-hold appliances.

"Commercial oven." A chamber designed for heating, roasting

or baking food by conduction, convection, radiation or

electromagnetic energy.

"Commercial steam cooker" or "compartment steamer." A device

with one or more food-steaming compartments in which the energy

in the steam is transferred to the food by direct contact. The

term may include countertop models, wall-mounted models and

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floor models mounted on a stand, pedestal or cabinet-style base.

"Compensation." Money or any other source of value,

regardless of form, received or to be received by a person for

services rendered.

"Cook and cold units." A water dispenser that emits both

cold and room-temperature water.

"Dual-duct portable air conditioner." A portable air

conditioner that draws some or all of the condenser inlet air

from outside the conditioned space through a duct attached to an

adjustable window bracket. The term includes a device that may

draw additional condenser inlet air from the conditioned space

and discharges the condenser outlet air outside the conditioned

space by means of a separate duct attached to an adjustable

window bracket.

"Dual-flush effective flush volume." The average flush

volume of two reduced flushes and one full flush.

"Dual-flush water closet." A water closet incorporating a

feature that allows the user to flush the water closet with

either a reduced or full volume of water.

"EPA." The United States Environmental Protection Agency.

"Faucet." A lavatory faucet, kitchen faucet, metering

faucet, public lavatory faucet or replacement aerator for a

lavatory, public lavatory or kitchen faucet.

"General service lamp." The following:

(1) A lamp that:

(i) has an ANSI base and is able to operate at a

voltage of:

(A) 12 volts or 24 volts;

(B) at or between 100 and 130 volts;

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(D) 277 volts for integrated lamps. For the

purpose of this clause, the term "integrated lamp"

means a lamp that contains all components necessary

for the starting and stable operation of the lamp,

not including any replaceable or interchangeable

parts, and is connected directly to a branch circuit

through an ANSI base and corresponding ANSI standard

lamp-holder or socket;

(E) or is able to operate at any voltage for

lamps that are not integrated lamps;

(ii) has an initial lumen output of greater than or

equal to 310 lumens or 232 lumens for modified spectrum

general service incandescent lamps and less than or equal

to 3,300 lumens;

(iii) is not a light fixture;

(iv) is not an LED downlight retrofit kit; and

(v) is used in general lighting applications.

(2) The term includes:

(i) general service incandescent lamps. For the

purpose of this subparagraph, the term "general service

incandescent lamp" means a standard incandescent or

halogen type lamp that is intended for general service

applications, has a medium screw base, has a lumen range

of not less than 310 lumens and not more than 2,600

lumens or, in the case of a modified spectrum lamp, not

less than 232 lumens and not more than 1,950 lumens and

is capable of being operated at a voltage range at least

partially within 110 and 130 volts. For the purpose of

this subparagraph, the term shall not include the

following incandescent lamps:

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(A) an appliance lamp;

(B) a black light lamp;

(D) a colored lamp;

(E) a G-shaped lamp with a diameter of 5 inches

or more as defined in ANSI C79.1-2002;

(F) an infrared lamp;

(G) a left-hand thread lamp;

(H) a marine lamp;

(I) a marine signal service lamp;

(J) a mine service lamp;

(K) a plant light lamp;

(L) an R20 short lamp;

(M) a sign service lamp;

(N) a silver bowl lamp;

(O) a showcase lamp; and

(P) a traffic signal lamp;

(ii) compact fluorescent lamps;

(iii) general service light-emitting diode lamps. As

used in this subparagraph, the term "general service

light-emitting diode lamp" means an integrated or non-

integrated light-emitting diode lamp designed for use in

general lighting applications and that uses light-

emitting diodes as the primary source of light; and

(iv) general service organic light-emitting diode

lamps. As used in this subparagraph, the term "general

service organic light-emitting diode" means an integrated

or non-integrated organic light-emitting diode lamp

designed for use in general lighting applications and

that uses organic light-emitting diodes as the primary

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source of light.

(3) The term does not include:

(i) an appliance lamp;

(ii) a black light lamp;

(iii) a bug lamp;

(iv) a colored lamp;

(v) a G-shaped lamp with a diameter of 5 inches or

more as defined in ANSI C79.1-2002;

(vi) a general service fluorescent lamp;

(vii) a high intensity discharge lamp;

(viii) an infrared lamp;

(ix) a J, JC, JCD, JCS, JCV, JCX, JD, JS and JT

shaped lamp that does not have an Edison screw base;

(x) a lamp that has a wedge base or prefocus base;

(xi) a left-hand thread lamp;

(xii) a marine lamp;

(xiii) a marine signal service lamp;

(xiv) a mine service lamp;

(xv) an MR-shaped lamp that has a first number

symbol equal to 16 and diameter equal to 2 inches, as

defined in ANSI C79.1-2002, which operates at 12 volts

and has a lumen output greater than or equal to 800;

(xvi) other fluorescent lamps;

(xvii) a plant light lamp;

(xviii) an R20 short lamp;

(xix) a reflector lamp that has a first number

symbol less than 16, diameter less than 2 inches, as

defined in ANSI C79.1-2002 and that does not have

E26/E24, E26d, E26/50x39, E26/53x39, E29/28, E29/53x39,

E39, E39d, EP39 or EX39 bases;

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(xx) an S-shaped or G-shaped lamp that has a first

number symbol less than or equal to 12.5 and diameter

less than or equal to 1.5625 inches, as defined in ANSI

C79.1-2002;

(xxi) a sign service lamp;

(xxii) a silver bowl lamp;

(xxiii) a showcase lamp;

(xxiv) a specialty MR lamp;

(xxv) a T-shaped lamp that has a first number symbol

less than or equal to 8, diameter less than or equal to 1

inch, as defined in ANSI C79.1-2002, nominal overall

length less than 12 inches and that is not a compact

fluorescent lamp;

(xxvi) a traffic signal lamp; and

(xxvii) an incandescent reflector lamp.

"Hand-held showerhead." A showerhead that can be held or

fixed in place for the purpose of spraying water onto a bather

and that is connected to a flexible hose.

"High color rendering index (CRI) fluorescent lamp." A

fluorescent lamp with a color rendering index of 87 or greater

that is not a compact fluorescent lamp.

"Hot and cold units." A water dispenser that emits both hot

and cold water. The term includes a dispenser that emits room-

temperature water.

"Impact-resistant fluorescent lamp." A fluorescent lamp that

is not a compact fluorescent lamp that:

(1) has a coating or equivalent technology that is

compliant with NSF/ANSI 51 and is designed to contain the

glass if the glass envelope of the lamp is broken; and

(2) is designated and marketed for the intended

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application with:

(i) the designation on the lamp packaging; and

(ii) marketing materials that identify the lamp as

being impact resistant, shatter resistant, shatter proof

or shatter protected.

"Industrial air purifier." An indoor air cleaning device

manufactured, advertised, marketed, labeled and used solely for

industrial use that is marketed solely through industrial supply

outlets or businesses and prominently labeled as "Solely for

industrial use. Potential health hazard: emits ozone."

"Metering faucet." A fitting that, when turned on, will

gradually shut itself off over a period of several seconds.

"On demand." The heating of water in a water cooler over an

unspecified period of time after requesting water.

"Plumbing fixture." An exchangeable device that connects to

a plumbing system to deliver and drain away water and waste.

"Portable electric spa." A factory-built electric spa or hot

tub that may or may not include any combination of integral

controls, water heating or water circulating equipment.

"Pressure regulator." A device that maintains constant

operating pressure immediately downstream from the device, given

higher pressure upstream.

"Public lavatory faucet." A fitting intended to be installed

in nonresidential bathrooms that are exposed to walk-in traffic.

"Replacement aerator." An aerator sold as a replacement,

separate from the faucet to which it is intended to be attached.

"Residential ventilating fan." A ceiling-mounted, wall-

mounted or remotely mounted in-line fan designed to be used in a

bathroom or utility room, whose purpose is to move air from

inside the building to the outdoors.

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"SACC." Seasonally adjusted cooling capacity in British

thermal units (BTU) per hour.

"Showerhead." A device through which water is discharged for

a shower or bath. The term includes a hand-held showerhead but

does not include a safety-shower showerhead.

"Single-duct portable air conditioner." A portable air

conditioner that draws all of the condenser inlet air from the

conditioned space without the means of a duct and discharges the

condenser outlet air outside the conditioned space through a

single duct attached to an adjustable window bracket.

"Spray sprinkler body." The exterior case or shell of a

sprinkler incorporating a means of connection to the piping

system designed to convey water to a nozzle or orifice.

"Storage type." The storage of thermally conditioned water

in a reservoir in the water cooler that is available

instantaneously. The term includes point-of-use, dry storage

compartment and bottled water coolers.

"Trough-type urinal." A urinal designed for simultaneous use

by two or more individuals.

"Urinal." A plumbing fixture that receives only liquid body

waste and conveys the waste through a trap into a drainage

system.

"Water closet." A plumbing fixture having a water-containing

receptor that receives liquid and solid body waste through an

exposed integral trap into a drainage system.

"Water cooler." A freestanding device that consumes energy

to cool or heat potable water.

§ 3404. Standards.

(a) Regulations.--Not later than one year after the

effective date of this section, the chairperson, in consultation

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with the Secretary of Environmental Protection, shall promulgate

regulations, in accordance with the provisions of section 502 of

the act of June 28, 1995 (P.L.89, No.18), known as the

Conservation and Natural Resources Act, establishing minimum

efficiency standards for the types of new products set forth in

section 3402 (relating to general purpose, legislative findings

and scope of chapter).

(b) Minimum standards.--The regulations shall provide for

the following minimum efficiency standards:

(1) Air purifiers, except industrial air purifiers,

shall meet the following requirements as measured in

accordance with version 2.0 of the EPA's "Energy Star Program

Requirements Product Specification for Room Air Cleaners":

(i) clean air delivery rate (CADR) for dust shall be

30 or greater;

(ii) for models with a CADR for smoke less than 100,

CADR/Watt for smoke shall be greater than or equal to

1.7;

(iii) for models with a CADR for smoke greater than

or equal to 100 and less than 200, CADR/Watt for smoke

shall be greater than or equal to 1.9;

(iv) for models with a CADR for smoke greater than

or equal to 200, CADR/Watt for smoke shall be greater

than or equal to 2.1;

(v) for ozone-emitting models, measured ozone shall

be less than or equal to 50 parts per billion (ppb);

(vi) for models with a Wi-Fi network connection

enabled by default when shipped, partial on-mode power

shall not exceed 2 watts; and

(vii) for models without a Wi-Fi network connection

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enabled by default when shipped, partial on-mode power

shall not exceed 1 watt.

(2) Commercial dishwashers included in the scope of

version 2.0 of the EPA's "Energy Star Program Requirements

Product Specification for Commercial Dishwashers" shall meet

the qualification criteria of that specification.

(3) Commercial fryers included in the scope of version

2.0 of the EPA's "Energy Star Program Requirements Product

Specification for Commercial Fryers" shall meet the

qualification criteria of that specification.

(4) Commercial hot-food holding cabinets shall meet the

qualification criteria of version 2.0 of the EPA's "Energy

Star Program Requirements Product Specification for

Commercial Hot Food Holding Cabinets."

(5) Commercial ovens included in the scope of version

2.2 of the EPA's "Energy Star Program Requirements Product

Specification for Commercial Ovens" shall meet the

qualification criteria of that specification.

(6) Commercial steam cookers shall meet the requirements

of version 1.2 of the EPA's "Energy Star Program Requirements

Product Specification for Commercial Steam Cookers."

(7) Faucets, except for metering faucets, shall meet the

following standards when tested in accordance with 10 CFR Pt.

430 Appendix S to Subpt. B (relating to uniform test method

for measuring the water consumption of faucets and

showerheads) in effect on January 3, 2017:

(i) Lavatory faucets and replacement aerators may

not exceed a maximum flow rate of 1.5 gallons per minute

(gpm) at 60 pounds per square inch (psi).

(ii) Residential kitchen faucets and replacement

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aerators may not exceed a maximum flow rate of 1.8 gpm at

60 psi, with optional temporary flow of 2.2 gpm, provided

they default to a maximum flow rate of 1.8 gpm at 60 psi

after each use.

(iii) Public lavatory faucets and replacement

aerators may not exceed a maximum flow rate of 0.5 gpm at

60 psi.

(8) General service lamps shall meet or exceed the lamp

efficacy of 45 lumens per watt when testing in accordance

with the applicable Federal test procedures for general

service lamps under 10 CFR 430.23(gg) (relating to test

procedures for the measurement of energy and water

consumption) in effect on January 3, 2017.

(9) High CRI, cold-temperature and impact-resistant

fluorescent lamps shall meet the minimum efficiency

requirements contained in 10 CFR 430.32(n)(4) (relating to

energy and water conservation standards and their compliance

dates) in effect on January 3, 2017, as measured in

accordance with 10 CFR Pt. 430 Appendix R to Subpt. B

(relating to uniform test method for measuring average lamp

efficacy (LE), color rendering index (CRI), and correlated

color temperature (CCT) of electric lamps) in effect on

January 3, 2017.

(10) Portable electric spas shall meet the requirements

contained in ANSI/APSP/ICC-14-2019, the American National

Standard for Portable Electric Spa Energy Efficiency.

(11) Residential ventilating fans shall meet the

qualification criteria of version 4.1 of the EPA's "Energy

Star Program Requirements Product Specification for

Residential Ventilating Fans."

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(12) Showerheads may not exceed a maximum flow rate of

2.0 gpm at 80 psi when tested in accordance with 10 CFR Pt.

430 Appendix S to Subpt. B in effect on January 3, 2017.

(13) Spray sprinkler bodies that are not specifically

excluded from the scope of version 1.0 of the EPA's

"WaterSense Specification for Spray Sprinkler Bodies," shall

include an integral pressure regulator and shall meet the

water efficiency and performance criteria and other

requirements of that specification.

(14) Water closets shall pass the waste extraction test

for water closets under section 7.9 of the American Society

of Mechanical Engineers (ASME) contained in A112.19.2/CSA

B45.1 of 2018. Urinals and water closets, other than those

designed and marketed exclusively for use at prisons or

mental health facilities, shall meet the following standards

when tested in accordance with 10 CFR Pt. 430 Appendix T to

Subpt. B (relating to uniform test method for measuring the

water consumption of water closets and urinals) in effect on

January 3, 2017:

(i) Wall-mounted urinals, except for trough-type

urinals, shall have a maximum flush volume of 0.5 gallons

per flush.

(ii) Floor-mounted urinals, except for trough-type

urinals, shall have a maximum flush volume of 0.5 gallons

per flush.

(iii) Water closets, except for dual-flush tank-type

water closets, shall have a maximum flush volume of 1.28

gallons per flush.

(iv) Dual-flush tank-type water closets shall have a

maximum dual-flush effective flush volume of 1.28 gallons

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per flush.

(15) Water coolers included in the scope of the EPA's

version 2.0 "Energy Star Program Requirements Product

Specification for Water Coolers" shall have an on mode with

no water draw and energy consumption less than or equal to

the following values as measured in accordance with the test

requirements of that program:

(i) 0.16 kilowatt-hours per day for cold-only units

and cook and cold units;

(ii) 0.87 kilowatt-hours per day for storage-type

hot and cold units; and

(iii) 0.18 kilowatt-hours per day for on demand hot

and cold units.

§ 3405. Implementation.

(a) Requirement of efficiency.--Except as provided in

subsection (b), on or after January 1, 2022, no new device

listed under section 3402(c) (relating to general purpose,

legislative findings and scope of chapter) may be sold or

offered for sale, lease or rent in this Commonwealth unless the

efficiency of the new product meets or exceeds the efficiency

standards provided in section 3404 (relating to standards).

(b) General service lamp compliance.--No later than six

months from the date of enactment of this chapter, and as

necessary thereafter, the chairperson, in consultation with the

Attorney General, shall determine which general service lamps

are subject to Federal preemption. On or after six months

following the effective date of this section, no general service

lamp that is not subject to Federal preemption may be sold or

offered for sale in this Commonwealth unless the efficiency of

the new product meets or exceeds the efficiency standards

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provided in section 3404.

which the sale or offering for sale of certain products becomes

subject to the requirements of subsection (a) or (b), no

products may be installed for compensation in this Commonwealth

unless the efficiency of the new product meets or exceeds the

efficiency standards provided in section 3404.

§ 3406. New and revised standards and regulations.

The commission is authorized to prescribe rules and

regulations as it deems necessary to administer and enforce this

chapter and to establish increased efficiency standards for the

products listed or incorporated in section 3402 (relating to

general purpose, legislative findings and scope of chapter). The

chairperson may also establish standards for products not

specifically listed in section 3402. In considering the new or

amended standards, the chairperson, in consultation with the

Secretary of Environmental Protection, shall set efficiency

standards on a determination that increased efficiency standards

would serve to promote energy or water conservation in this

Commonwealth and would be cost effective for consumers who

purchase and use the new products, provided that no new or

increased efficiency standards shall become effective within one

year following the adoption of any amended regulations

establishing increased efficiency standards.

§ 3407. Protection against repeal of Federal standards.

(a) Minimum standard if Federal standards withdrawn or

repealed.--If any of the energy or water conservation standards

issued or approved for publication by the Office of the United

States Secretary of Energy as of January 1, 2018, under 10 CFR

Pts. 430 (relating to energy conservation program for consumer

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products) and 431 (relating to energy efficiency program for

certain commercial and industrial equipment) are withdrawn,

repealed or otherwise voided, the minimum energy or water

efficiency level permitted for products previously subject to

Federal energy or water conservation standards shall be the

previously applicable Federal standards, and no new product

listed under section 3402 (relating to general purpose,

legislative findings and scope of chapter) may be sold or

offered for sale, lease or rent in this Commonwealth unless the

product meets or exceeds the standards under section 3404

(relating to standards).

(b) Applicability.--This section shall not apply to any

Federal energy or water conservation standard set aside by a

court on the petition of a person who will be adversely affected

as provided in 42 U.S.C. § 6306(b) (relating to administrative

procedure and judicial review).

§ 3408. Testing, certification, labeling and enforcement.

(a) Product testing.--The manufacturer of products covered

by this chapter shall test samples of their products in

accordance with the test procedures adopted under this chapter.

The chairperson may adopt updated test methods when new versions

of test procedures become available.

(b) Compliance.--Manufacturers of new products covered by

section 3402 (relating to general purpose, legislative findings

and scope of chapter) shall certify to the chairperson that the

products are in compliance with the provisions of this chapter.

The certifications shall be based on test results under

subsection (a). The commission shall promulgate regulations

governing the certification of the products and shall coordinate

with the certification programs of other Federal and state

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agencies with similar standards.

of new products covered by section 3402 shall identify each

product offered for sale or installation in this Commonwealth as

in compliance with the provisions of this chapter by means of a

mark, label or tag on the product and packaging at the time of

sale or installation. The commission shall promulgate

regulations governing the identification of the products and

packaging, which shall be coordinated to the greatest practical

extent with the labeling programs of other Federal and state

agencies with equivalent efficiency standards. The chairperson

shall allow the use of existing marks, labels or tags, which

connote compliance with the efficiency requirements of this

chapter.

(d) Chairperson testing permitted.--The chairperson may test

products covered by section 3402. If tested products are found

not to be in compliance with the minimum efficiency standards

established under section 3404 (relating to standards), the

chairperson shall:

(1) charge the manufacturer of the product for the cost

of product purchase and testing; and

(2) make information available to the Attorney General

and the public on products found not to be in compliance with

the standards.

(e) Periodic inspections.--With prior notice and at

reasonable and convenient hours, the chairperson may cause

periodic inspections to be made of distributors or retailers of

new products covered by section 3402 in order to determine

compliance with the provisions of this chapter. The chairperson

shall also coordinate with the Secretary of Labor and Industry

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regarding inspections prior to occupancy of a newly constructed

building containing new products that are also covered by the

the act of November 10, 1999 (P.L.491, No.45), known as the

Pennsylvania Construction Code Act.

(f) Complaint process.--The chairperson shall investigate

complaints received concerning violations of this chapter and

shall report the results of the investigations to the Attorney

General. The Attorney General may institute proceedings to

enforce the provisions of this chapter. Any manufacturer,

distributor or retailer, or any person who installs a product

covered by this chapter for compensation, who violates any

provision of this chapter shall be issued a warning by the

chairperson for any first violation and subject to a civil

penalty of up to $100 for each offense. Repeat violations shall

be subject to a civil penalty of not more than $500 for each

offense. Each violation shall constitute a separate offense and

each day the violation continues shall constitute a separate

offense. Penalties assessed under this subsection are in

addition to costs assessed under subsection (d).

§ 3409. Severability.

The provisions of this chapter are severable. If any

provision of this chapter or its application to any person or

circumstance is held invalid, the invalidity shall not affect

other provisions or applications of this chapter that can be

given effect without the invalid provision or application.

Section 2. All regulations and parts of regulations are

abrogated to the extent of any inconsistency with the provisions

of this act.

Section 3. All acts and parts of acts are repealed insofar

as they are inconsistent with the provisions of this act.

20190HB2136PN3036 - 21 -

Section 4. This act shall take effect in 60 days.

20190HB2136PN3036 - 22 -